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HomeMy WebLinkAbout1998 04 21 Code Enforcement Board Regular Minutes MINUTES CODE ENFORCEMENT BOARD APRIL 21,1998 - REGULAR MEETING I. CALL TO ORDER Pledge of Allegiance The meeting was called to order at 7:00 p.m. on Tuesday, April 21, 1998, by Board Member Anne Schneider in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). The Pledge of Allegiance followed. Roll Call Ken Haines, Chairperson, absent Lurene Lyzen, Vice Chairperson, absent Anne Schneider, present Bob Gray, present Marc Clinch, present Joanne Krebs, present Jim DeGore, absent Also Present Jimette S. Cook, Code Enforcement Officer Approval of the March 17, 1998 Regular Meeting Minutes There was a motion and second to approve the minutes as written. Vote: Gray: aye; Krebs: aye; Clinch: aye; Schneider: aye. Motion passed. II. REGULAR AGENDA A. Case #CEB-98-169 Dannie P. Fischer Location: 413 David Street Section 12-53, Disabled Motor Vehicle On Right Of Way B. Case #CEB-98-168 Cambridge Homes Location: Stone Gable Section 16-53, Unpermitted Sign The Board was informed by Code Enforcement Officer Jimmette S. Cook that each of the two cases (listed above) were in compliance. Board Member Schneider told Ms. Cook "Y ou're doing a great job"! III. DISCUSSION OF GENERAL ISSUES Board Member Schneider explained that due to a computer malfunction, the document ("Position Paper") that she was working on - on behalf of the Board was not yet finalized. MINUTES CODE ENFORCEMENT BOARD APRIL 21,1998 - REGULAR MEETING PAGE 2 OF 3 There was further discussion regarding this "Position Paper" (which dealt with certain ordinances that consistently tend to cause problems, and which may need to be re-written or updated). Ms. Cook told the Board that she had discussed with some City Staff members regarding this "Position Paper". Ms. Cook mention their concerns about Board Members corresponding with each other, and she further elaborated that "Although you are not making the law, that's public record". Ms. Cook further added, "If you're corresponding with each other, via electronically or whatever, you need to furnish Andrea a copy, or myself, and I'd give it to Andrea...of..before you pass it out, e-mail her...or give her a copy, then pass it out. And if you give it back, give her a copy". Board Member Schneider said that she understood that, that as to date, there have not been any transmissions, and nothing has been handed out. She added that she realizes that "It becomes official when I hand it over to another member for...and at that time, of course...that's why I wanted to make it all at once...and of course, Andrea would be CC'd". There was further discussion regarding this. Ms. Cook asked the Board for any comments on the previously scheduled Code Enforcement class. All comments were favorable, and Ms. Cook was thanked for arranging it. Board Member Bob Gray and Board Member Schneider asked Ms. Cook about certain forms that were discussed at that meeting. Ms. Cook said that a "Subpoena" form should be available (through the City Clerk's office). Board Member Joanne Krebs mentioned that she found the section of the class that dealt with making motions and recommendations very helpful. Code Enforcement Officer Cook addressed the Board with the following comments: "In the February Code Enforcement Meeting, Ms. Schneider addressed some concerns about the Building Department, and I went back to the Building Department and talked to them about it, and talked to Mr. Carrington, the Community Development Director - and he asked that I respond to the comments on the public record. And...I have a memo here that kind of.. well, it's verbatim of the hearing, and the essence of it, was that you...it seemed like you were confused that perhaps the Building Department should levy their own fines, you didn't understand why it came here...if they couldn't final out an inspection. Why did it come here? Do you remember those.. .does that say what you were concerned with"? Board Member Schneider replied that "It wasn't so much...I didn't suggest that they have the power to levy fines or anything. I guess my...concern was that the Building Code is in part of the regular City Code, it's part of the regular City Code, and I thought that was under our jurisdiction, but the Building Department seemed to have the ability to say, you in...in violation, and they'll read the law...they'll read the statute, and it will be kind of like.. .interpretive, it's not clear.. .it's vague and it's a gray area and the Building Department will make the call, and say...you...you're not in compliance with the Codes, so therefore we're going to deny you a permit. And then it would come here, because they're not in MINUTES CODE ENFORCEMENT BOARD APRIL 21, 1998 - REGULAR MEETING PAGE 3 OF 3 compliance with the Code... that's almost automatic. The problem is, that puts us in a bind; because if we as the Code Board look at the Code, and see it differently than the Building Department, then we are working contrary to another City function. But in some cases, my feeling was, the Building Department was wrong...to deny these people a permit; but I don't have the power to tell the Building Department they were wrong. Do you see what I mean, and...that...so we're kind of in a bind. The Building Department has already made the call - they've already decided...yes, they've read the Code...yes, this person is in violation or does not conform with the Code, so therefore...and that's that, and they follow their due procedure. But then when it comes to us, it's sort of hard...to say...well, I interpret the Code...and I don't think this person is in violation". Ms. Cook responded saying, "Then you would find them in compliance, and the Building Department would have to sign off on it". Ms. Cook then read the response (for the record) "At the February 19th Code Enforcement Board Meeting, Anne Schneider raised some concerns about the Building Department. In reviewing those comments, I offer the following - the Building Department is committed to applying the appropriate regulations to applications and inspections. The Building Department is not a Quasi-Judicial Board, and may not levy fines for violations of these regulations. The Building Department uses the Code Enforcement Board to prosecute violations of the City Code, and the Code Enforcement Board is a Quasi-Judicial Board, and has the authority to levy fines and take whatever steps necessary to correct a violation, per Florida Statutes, Chapter 152". There was further discussion about hypothetical cases regarding the completion of Building Department Permit applications; Occupational License applications; related decisions made regarding the permitting process; compliance/non-compliance issues; and other appeal options. Several Board Members suggested that the Building Department change their forms, and to perhaps check with other Building Departments. Ms. Cook was again thanked by the Board for arranging the Code Enforcement Course, (and for the dinner that was provided) - they were very pleased. IV. ADJOURNMENT The meeting was adjourned by Board Member Schneider at 7:37 p.m. with consensus of the Board. Minutes respectfully submitted by: Andrea Lorenzo-Luaces, Deputy City Clerk City Of Winter Springs, Florida DOCS/boards/codeenfo/ly9798/minutes/042198.doc